Evening star. [volume] (Washington, D.C.) 1854-1972, 1887-07-09

TURDAY, JULY 9, Is
THE RESULT OF THE TODD TRIAL.
Why Mr. Todd and His Counsel Are Not
Satisfied.
DIR. SUNDERLAND CLAIMS THAT THK VERDICT SHOULD
HAVE BEEN NOT GUrLTY-MNrsTERs REPORTED AS
HAVING VOTED TO CONvIcr-AR. TODD CLAIMS 10
BE VICTIM OF MALICE,
The court, or 'judicatory," as the rules term it,
which made up the verdict in the case OF Rev. F.
M. Todd. Of Manassas, was constituted as follows:
ministers, Revs. John L. French, B. F. Bittinger
Jonn chester, d. H. Riddle, Joseph T. Kelly, Chas.
b. Ramsdell, j. NJ. NourSe, Eugene Peck, j. VIM.
Mclivain, T. s. Hamlin, Geo. P. Van Wyck, and
Robert II. Fleming; elders A. Greenlies, C. B.
walker, Chas Lyman, j. w. Easily, and j. r. Zim-
norman. After a two-hours' discussion upon the
testimony and rules governing the case, &C., the
specification against Mr. Todd The first charge
was "unchastity;" the second, ''conduct unbe-
coming Christian and a Minister.
Inc Speclncat1On was that on May "a last, be-
Tween certain hours Mr.. Todd was seen In the
Woo WOODS Described with an unknown woman, &C., by
Robert Turner.
the specification was first submitted to the
Jud1catiory in the form Of the question susta1ned1
or mot sustained" On this proposition six voted
sustained and ten not sustained. On the first
cnarge "unchastity" five voted guilty and eleven
becoming Christian" &C, six voted guilty and
ten not guilty. Upon these three ballots the YER
eh dict was made up. The finding was referred to
Ine Judlclal committee of five to formulate YER
ulct, ana after some deliberatiOn they reported
tne nndlng published In yesterdays STAR. When
defense, objected to the form of the verdict main
tanning that 1t was not in accord with the rules
the book or with the true nnding of the court. He
Immediately noted an appeal to the synod which
Will convene In Baltimore next october.
DR. sUNDERLAND's OBJECTIONS.
A STAR reporter called upon DIR. Sunderland at
his residence this morning and asked him what he
mad to say about the verdict II will first read
you," he replied, "the law on the subject as laid
small book he read the following as governing a
presbytery in the finding OF verdict: ''The judi
catory shall then go into private session-the
partles, their counsel, and all other persons not
members OF the body being excluded-when, after
careful deliberation, the judicatory shall proceed
10 VoCe on each specification and on each charge
separately, and judgment shall be entered accord
1ngy.'
'Now you see" continued the Doctor "what is
said about that; that they shall proceed to
and Judgment shall be entered accordingly. Now
the final resulting vote stood 10 for acQuttal and
g for conviction. Nearly two-thirds of the court
having voted for acqu1ttal that vote became the
verdict OF the COURT just as in cases decided in the
supreme Court OF the U. s., the decision of major
ity becomes the decision of the court Instead of
entering the Judgment according to that vote the
court added surpluSage calculated to miSead
and confuse; This was an irregularity in the pro-
ceed1nSS which, according to the law of the book,
forms the ground of appeal. The very first ground
or appeal which the law preScribes is irregularity
10 the proceedings OF the inferior JudicatOry, In
this case the court that rendered this peculiar
verdict"
. In regard to the appeal, Dr.. Sunderland said
that, as MI. Todd was not present and his counsel
OnnOrtnnftv vpif 1,yn ho
Or. Sunderland) noted the exception for the pur-
pose Of preserving Mr.. Todd's right Of appeal.
vii nr St sunderland y OF the opinion that the synod
was clearly joined, "guilty" or mot guilty" and
that the court should have decided on that issue.
Mr.. ToDD's OPINION OF THE VERDICT.
THE STAR reporter called upon Mr.. Todd, who
was found making preparations to leave for Ma
nassas, where he will preach tomorrow morning
He pronounced the verdict very singular one
and said that he should certainly appeal the case
He thinks that personal enemies OF his had con-
siderable influence In bringing about the form Of
six years clique has been lighting me, but all
can do is to face them. shall not run from them"
anc other Southern states for negroes @ W Who SaHe
some grudge against white persons to circulate
Scandal0ns stories about the latter. AS rule he
tinued, "a mans character is to be at the mercy Of
any mean or malicious negro down there, then
nobody is safe:y. He said that he had larger
w
Mr. Talmage had for him In q similar case in
Brooklyn several years ago, and that had the YER
dict been rendered IN accordance with the judg-
ment OF the majority there would have been no
controversy over it.
MEMBERS WHO VOTED TO CONVICT.
1t Is understood that the members who voted to
convict Mr.. Todd were Revs. Nourse, Chester,
McIlvain, Peck, Riddle, and Elder Zimmerman
One member OF the Presbytery said this morn
ing, "Had the court been restricted to verdict Of
guilty or not guilty Will not pretend to say what
the finding would have been. Our verdict is really
mot proven and that Is What we intended It
should be-"
DIR. CHILDs OPINION.
Rev. Dr. Childs, counsel for the prosecution, says
the finding is the old Scotch verdict OF mot
proven" and that 1t:leaves the case Just about
where it was before the presbytery took it up.
The doctor 1nt1mated that he would have been
better pleased at more direct and positive find.
ing one way or the other, but was satisfied the
court had been thoroughly conscientious in all its
work. He said the verdict was rendered In ac-
cOrdance with the prescribed rules OF the book.
The counsel for the accused will have ten days
in which TO prepare his appeal, and that must 20
to the synod, which Will meet in Baltimore next
October. From that body final appeal may be
taken to the general assembly, which will meet
in Philadelphia next May.
In connection with the case 1t Is reported that
when the presbytery first met yesterday morning,
and before a vote had been taken, one OF the men,
berS named three OF his colleagues whom he as
serted would vote to convict.
R~~S~ S~N NHT~..A